Derek Havel

Derek Havel is a partner in the Labor and Employment Practice Group in the firm's Los Angeles office.

Areas of Practice

Mr. Havel handles all facets of the litigation process in labor and employment disputes.  Mr. Havel has significant experience in defending wage and hour class actions, including claims for overtime pay, meal and rest period violations, and vacation pay. In particular, Mr. Havel has considerable experience in the hospital, retail, and insurance industries.  He has successfully defeated class certification motions and prevailed on summary judgment motions in class actions.

Mr. Havel has considerable jury trial experience in defending single plaintiff employment cases.  He has successfully defended labor and employment disputes under both state and federal law, including discrimination on the basis of race, sex, age, religion, disability, national origin, marital status, sexual orientation, and other classifications.  He has specific experience under the California Fair Employment and Housing Act, Title VII, the Age Discrimination in Employment Act, the Americans with Disabilities Act, and other labor and employment laws. 

Mr. Havel also has experience in traditional labor law.  He has drafted briefs for the National Labor Relations Board, and defended employers against unfair labor practice charges.

Education

• J.D., University of California, Los Angeles, 1997
• B.A., Georgetown University, 1994, magna cum laude

Admissions

• All California Courts
• U.S. District Court for the Central District of California
• U.S. District Court for the Northern District of California
• Ninth Circuit

Representative Class Actions

Talbot v. Cedar Fair LP, Orange County Superior Court, Civil Complex Center, Case No. 05CC00282 (2005).  Class action alleging the denial of overtime wages and meal and rest periods pursuant to the Labor Code and applicable Wage Orders.

Oberfoell v. Cedars-Sinai Medical Center, Los Angeles County Superior Court, Case No. BC332075 (2006). Class action alleging unpaid overtime, meal period violations, and pay stub violations.

Onofre v. Children's Hospital of Orange County, Orange County Superior Court, Civil Complex Center, Case No. 30-2008-00180057 (2009). Class action complaint alleging meal and rest period violations, record keeping violations, and waiting time penalties.

Pate et al. v. Children's Hospital of Orange County, Orange County Superior Court, Case No. 05CC00303 (2006).  Class action on behalf of 12-hour shift nurses alleging failure to pay wages, failure to pay overtime wages, failure to provide meal periods, violation of Labor Code Section 226, and unfair business practices.

Smith v. The Children's Place, Los Angeles County Superior Court, Case No. BC 328780 (2005). Class action on behalf of store managers and assistant store managers alleging that defendant failed to pay overtime compensation, failed to provide meal and rest periods, failed to maintain proper records, and made improper deductions from wages.

Elliot, et al. v. Circuit City Stores, Inc., Los Angeles County Superior Court, Case No. 291733 (2003). Plaintiffs are former salespeople who claim on behalf of themselves and others similarly situated that they were improperly classified as exempt.

Gentry v. Circuit City, Los Angeles County Superior Court, Case No. BC280631 (2006). Class action alleging misclassification of customer service managers.

Gonlugur v. Circuit City Stores, Orange County Superior Court, Case No. 03CC11348 (2003). Plaintiff, a former Sales and Installation Manager, filed a putative class action alleging that he and other similarly situated workers were misclassified as exempt, managerial employees. Plaintiff seeks overtime, waiting time penalties, interest and attorney's fees.

King v. HASC, Los Angeles County Superior Court, Case No. BC360399 (2007). Anti-trust class action alleging a conspiracy in the health care industry to reduce wages for 12-hour shift employees in response to AB 60.

Fong v. Hoop Retail Stores, LLC (Disney Stores), Los Angeles County Superior Court, Case No. BC 355121 (2006). Class action alleging misclassification of store managers of Disney Stores.

Ross v. IHHI, Orange County Superior Court, Civil Complex Center, Case No. 30-2010-0338805 (2010). Class action brought on behalf of 12-hour employees alleging unpaid overtime, meal and rest period violations, and pay stub violations.

Fuller, et al. v. Kelly Services, Inc., Los Angeles County Superior Court, Case No. BC 296800 (2003). Plaintiffs claim that they and other employees were improperly classified as exempt from overtime wages pursuant to the personal attendant exemption.  Plaintiffs also allege various paystub violations.

Sullivan v. Kelly Services, Inc., United States District Court, Northern District of California, Case No. 07-CV-02784-CW (2007). Class action alleging that they were not paid final wages immediately upon termination or within 72 hours of quitting their employment with Defendant in violation of Labor Code sections 201 and 202.

De Pomar v. La Brea Bakery, Inc., Los Angeles County Superior Court, Case No. BC368053 (2007). Class action on behalf of employees claiming unlawful uniform deductions and failure to provide meal periods.

Cunningham v. Long Beach Memorial, Los Angeles County Superior Court, Case No. BC421688 (2009). Class action brought on behalf of 12-hour employees alleging unpaid overtime and waiting time penalties.

Hamilton v. Long Beach Memorial Medical Center, Los Angeles County Superior Court, Case No. BC 322076 (2004). Plaintiff, an exempt employee, alleged  that defendant failed to pay overtime to employees working pursuant to an alternative workweek schedule.

Ellet v. Network Global Logistics, Los Angeles County Superior Court, Case No. BC406282 (2009). Class action complaint alleging meal and rest period, and pay stub violations.

Gerard v. Orange Coast Memorial, Orange County Superior Court, Civil Complex Center, Case No. 30-2008-00096591 (2008). Class action alleging meal and rest period violations, pay stub violations, PAGA penalties and waiting time penalties.

Joel v. The Rally Group Ltd.; Athlete's Foot Group, Los Angeles County Superior Court, Case No. 234231 (2000). This class action was brought by store managers who claim that they were improperly classified as exempt and are therefore entitled to overtime.

Urga, et al. v. Redlands Community Hospital, San Bernardino County Superior Court, Case No. SCVSS 123769 (2004). Class action alleging that Defendant failed to pay overtime to its 12-hour shift employees, and failed to provide meal and rest periods.

Oberschlake v. St. Joseph Health System, Orange County Superior Court, Case No. 05CC00301 (2007). Class action alleging unpaid overtime, meal and rest period violations, and pay stub violations.

McCoy v. Saddleback Memorial, Orange County Superior Court, Civil Complex Center, Case No. 30-2008-00116393 (2008). Class action alleging unpaid overtime and meal and rest period violations.

Gallagher v. Scarbrough Management Corporation, Contra Costa County Superior Court, Case No. C0501028 (2005). Class action alleging that servers were not paid for missed meal and rest periods pursuant to the Labor Code and applicable Wage Orders. Plaintiff further alleges that Defendant unlawfully deducted from employee time cards and that Defendant violated California's Unfair Competition Law.

Popielarski v. Smith Brothers, Los Angeles County Superior Court, Case No. BC 330338 (2005). Class action alleging meal and rest period violations.

Chaleki v. State Farm, Los Angeles County Superior Court, Case No. BC 300311 (2004). Plaintiffs allege, on behalf of a class of Special Investigation Unit claims adjusters, that they were incorrectly classified as exempt from overtime wages.

Guttierez v. State Farm, Los Angeles County Superior Court, Case No. CV Case No. 236552 (2000). This class action was brought by claim representatives who claim that they were improperly classified as exempt and are therefore entitled to overtime.

Slagel v. State Farm Mutual Automobile Insurance Co., Los Angeles County Superior Court, Case No. BC326162 (2004). Class action seeking overtime wages and meal period wages on behalf of insurance adjusters.

Quick v. State Farm Insurance Companies, United States District Court, Northern District of California, Case No. CWC012138 (2001). This class action is brought by claim representatives who argue that they were improperly classified as exempt and are therefore entitled to overtime.  The claim is for a nationwide collective action under the Fair Labor Standards Act and a class action under California wage and hour law.

Avery v. Western Medical Center, Santa Ana, Orange County Superior Court, Civil Complex Center, Case No. 30-2009 00274060 (2009). Class action brought on behalf of 12-hour nurses alleging unpaid overtime and waiting time penalties.

Mardirossian v. Whole Foods, Los Angeles County Superior Court, Case No. BC 344325 (2006). Class action alleging unpaid vacation pay.

McDonnell v. Whole Foods, Los Angeles County Superior Court, Case No. BC 323344 (2004). Class action alleging that Defendant failed to provide meal and rest periods.

Velasco v. Whole Foods, Los Angeles County Superior Court, Case No. BC428347 (2010). Class action alleging a failure to provide proper access for disabled customers. 

Acosta v. Wire to Wire Communications, Los Angeles County Superior Court, Case No. BC 327221 (2005). Class action on behalf of installers, supervisors, and quality assurance technicians who claimed they did not receive overtime wages, meal and rest periods, and itemized wage statements.

Matlin v. World of Jeans & Tops (dba Tilly's), Los Angeles County Superior Court, Case No. BC 322422 (2004). Plaintiff, a retail store manager, claims that he and other class members were misclassified as exempt from overtime compensation.